Beacon Medical Services, LLC, Aurora, CO; Notice of Negative Determination Regarding Application for Reconsideration, 65216-65217 [2011-27162]

Download as PDF 65216 Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices APPENDIX—Continued [26 TAA petitions instituted between 9/26/11 and 9/30/11] TA–W 80469 80470 80471 80472 80473 80474 80475 80476 80477 80478 80479 80480 80481 80482 80483 80484 80485 ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ Location CEVA Logistics—Project HCL (State/One-Stop) ................................... Precision Valve, SC—Plant 2 (State/One-Stop) .................................... Precision Valve, SC—Plant 1 (State/One-Stop) .................................... Tiger Drylac USA Inc. (Company) .......................................................... Reading Powder Coatings Inc. (Company) ............................................ Simonton Windows (State/One-Stop) .................................................... Fairlane Division VRTX, Inc. (Company) ............................................... Wells Fargo Bank N/A (Workers) ........................................................... Allstate Insurance Co. (State/One-Stop) ................................................ Skip’s Cutting, Inc. (Workers) ................................................................. Excelsior Services Group (Company) .................................................... Elsevier, Inc (Company) ......................................................................... Kyowa America Corporation (State/One-Stop) ...................................... Weather Shield Mfg Inc. (Workers) ........................................................ American Apparel (State/One-Stop) ....................................................... Cummins Filtration (Company) ............................................................... R. R. Donnelley—Bloomsburg (Union) .................................................. Houston, TX ................ Greenville, SC ............. Travelers Rest, SC ...... Reading, PA ................ Reading, PA ................ McAlester, OK ............. New York, NY ............. Bethlehem, PA ............ Northbrook, IL ............. Ephrata, PA ................. Dallas, TX ................... San Diego, CA ............ Westminster, CA ......... Park Falls, WI ............. Garden Grove, CA ...... Lake Mills, IA .............. Bloomsburg, PA .......... [FR Doc. 2011–27166 Filed 10–19–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–80,350] sroberts on DSK5SPTVN1PROD with NOTICES Baby Bliss, Inc., Middleville, MI; Notice of Negative Determination Regarding Application for Reconsideration By application received September 26, 2011, a company official requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers Baby Bliss, Inc., Middleville, Michigan (Baby Bliss). The determination was issued on September 2, 2011. The Department’s Notice of determination was published in the Federal Register on September 19, 2011 (76 FR 58046). The workers of Baby Bliss were engaged in activities related to the production of children’s clothing. The petition (dated August 8, 2011) stated that ‘‘Pleasant Company has been a customer of ours since 1985. New owners (Mattel) took over that company and proceeded to all of the apparel and other production to a foreign country (China).’’ The negative determination was based on the Department’s findings that Baby Bliss did not employ a certifiable worker group during the period under investigation within the meaning of Section 222(a) or Section 222(b) of the Act. VerDate Mar<15>2010 Date of institution Subject firm (petitioners) 18:59 Oct 19, 2011 Jkt 226001 Criterion (1) has not been met because Baby Bliss did not employ a worker group during the relevant time period. A worker group means that the firm must have at least three full-time workers during the year preceding the TAA petition date. Baby Bliss did not meet this threshold level. Further, the criteria set forth in 29 CFR 90.16(e) was not met. In the request for reconsideration, the petitioner stated that he was ‘‘the only officer/employee who possessed the information to file this petition’’ and asserted that he did not file a petition earlier because he was out of the country from November 2004 through February 2008, then incarcerated from February 2008 through March 2011. Pursuant to 29 CFR 90.18(c), administrative reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) if it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) if in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. After careful review of the request for reconsideration, previously submitted materials, the applicable statute, and relevant regulation, the Department determines that there is no new information, mistake in fact, or misinterpretation of the facts or of the law. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 09/27/11 09/27/11 09/27/11 09/27/11 09/27/11 09/27/11 09/27/11 09/28/11 09/28/11 09/28/11 09/29/11 09/30/11 09/30/11 09/30/11 09/30/11 09/30/11 09/30/11 Date of petition 09/13/11 09/26/11 09/26/11 09/26/11 09/26/11 09/26/11 09/26/11 09/27/11 09/27/11 09/27/11 09/28/11 09/28/11 09/29/11 09/10/11 09/29/11 09/27/11 09/27/11 Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 4th day of October, 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–27164 Filed 10–19–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–80,219] Beacon Medical Services, LLC, Aurora, CO; Notice of Negative Determination Regarding Application for Reconsideration By application received July 25, 2011, a worker requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of Beacon Medical Services, LLC, Aurora, Colorado (Beacon Medical Services). The negative determination was issued on June 22, 2011. The Department’s Notice of Determination was published in the Federal Register on July 8, 2011 (76 FR 40401). The workers of Beacon Medical Services are engaged in activities related E:\FR\FM\20OCN1.SGM 20OCN1 sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices to the supply of third party medical billing and coding services. The petition filed on behalf of ‘‘medical coders’’ at Beacon Medical Services, LLC, Aurora, Colorado, states that ‘‘our jobs were outsourced to India.’’ The negative determination was based on the Department’s findings that Beacon Medical Services does not produce an article within the meaning of Section 222(a) or Section 222(b) of the Act. In order to be considered eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, the worker group seeking certification (or on whose behalf certification is being sought) must work for a ‘‘firm’’ or appropriate subdivision that produces an article. Pursuant to 29 CFR 90.18(c), administrative reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. After the Trade Act of 2009 expired in February 2011, petitions for TAA were instituted under the Trade Adjustment Assistance Reform Act of 2002 (Trade Act of 2002). Therefore, the statute applicable to TA–W–80,219 is the Trade Act of 2002. The applicable regulation is codified in 29 CFR Part 90, Subpart B. Section 222 of the Trade Act of 2002 establishes the worker group eligibility requirements. The requirements include either ‘‘imports of articles like or directly competitive with articles produced by such firm or subdivision have increased’’ or ‘‘a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision.’’ In the request for reconsideration, the petitioner asserts that Beacon Medical Services ‘‘sent our jobs OVESEAS TO INDIA.’’ A shift in the supply of services (or like or directly competitive services) by Beacon Medical Services to a foreign country is not a basis for certification under the criteria set forth by the Trade Act of 2002. After careful review of the request for reconsideration, previously submitted VerDate Mar<15>2010 18:59 Oct 19, 2011 Jkt 226001 materials, the applicable statute, and relevant regulation, the Department determines that there is no new information, mistake in fact, or misinterpretation of the facts or of the law. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 4th day of October, 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–27162 Filed 10–19–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2011–0186] Inorganic Arsenic Standard; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Inorganic Arsenic Standard (29 CFR part 1910.1018). DATES: Comments must be submitted (postmarked, sent, or received) by December 19, 2011. ADDRESSES: Electronically: You may submit comments and attachments electronically at https://www.regulations. gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit your comments and attachments to the OSHA Docket Office, Docket No. OSHA–2011–0186, U.S. Department of SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 65217 Labor, Occupational Safety and Health Administration, Room N–2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor’s and Docket Office’s normal business hours, 8:15 a.m. to 4:45 p.m., e.t. Instructions: All submissions must include the Agency name and OSHA docket number (OSHA–2011–0186) for the Information Collection Request (ICR). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at https://www.regulations.gov. For further information on submitting comments see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other material in the docket, go to https://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket (including this Federal Register notice) are listed in the https://www. regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You also may contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N–3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65216-65217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27162]


-----------------------------------------------------------------------

 DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-80,219]


Beacon Medical Services, LLC, Aurora, CO; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application received July 25, 2011, a worker requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers of Beacon Medical Services, 
LLC, Aurora, Colorado (Beacon Medical Services). The negative 
determination was issued on June 22, 2011. The Department's Notice of 
Determination was published in the Federal Register on July 8, 2011 (76 
FR 40401). The workers of Beacon Medical Services are engaged in 
activities related

[[Page 65217]]

to the supply of third party medical billing and coding services.
    The petition filed on behalf of ``medical coders'' at Beacon 
Medical Services, LLC, Aurora, Colorado, states that ``our jobs were 
outsourced to India.''
    The negative determination was based on the Department's findings 
that Beacon Medical Services does not produce an article within the 
meaning of Section 222(a) or Section 222(b) of the Act. In order to be 
considered eligible to apply for adjustment assistance under Section 
223 of the Trade Act of 1974, the worker group seeking certification 
(or on whose behalf certification is being sought) must work for a 
``firm'' or appropriate subdivision that produces an article.
    Pursuant to 29 CFR 90.18(c), administrative reconsideration may be 
granted under the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    After the Trade Act of 2009 expired in February 2011, petitions for 
TAA were instituted under the Trade Adjustment Assistance Reform Act of 
2002 (Trade Act of 2002). Therefore, the statute applicable to TA-W-
80,219 is the Trade Act of 2002. The applicable regulation is codified 
in 29 CFR Part 90, Subpart B.
    Section 222 of the Trade Act of 2002 establishes the worker group 
eligibility requirements. The requirements include either ``imports of 
articles like or directly competitive with articles produced by such 
firm or subdivision have increased'' or ``a shift in production by such 
workers' firm or subdivision to a foreign country of articles like or 
directly competitive with articles which are produced by such firm or 
subdivision.''
    In the request for reconsideration, the petitioner asserts that 
Beacon Medical Services ``sent our jobs OVESEAS TO INDIA.''
    A shift in the supply of services (or like or directly competitive 
services) by Beacon Medical Services to a foreign country is not a 
basis for certification under the criteria set forth by the Trade Act 
of 2002.
    After careful review of the request for reconsideration, previously 
submitted materials, the applicable statute, and relevant regulation, 
the Department determines that there is no new information, mistake in 
fact, or misinterpretation of the facts or of the law.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 4th day of October, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-27162 Filed 10-19-11; 8:45 am]
BILLING CODE 4510-FN-P

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